has a right of way been established after 50 years?

[dw546]

What is the name of your state (only U.S. law)? Maryland
I live on a dead end street. There is a neighborhood nearby that we (the people who live on my street and me) can get to by using a path that runs parallel to a stream. There are three property owners whose property runs from the stream to a highway that runs in front of their homes. This path runs over the very back portion of their back yards. The path has been in use by the public for at least 50 years, probably more.

One of the homes recently changed hands, and the new owners don't want anyone walking on their property, so they have roped off the property all the way to the stream and put up no trespassing signs threatening to prosecute anyone who walks on the old path or even along the stream bed. (The other two property owners don't care about people using the path.) I work in the other neighborhood and the children on my street have friends in the other neighborhood. People in the other neighborhood also use the path to get to us and to get to another neighborhood to the north.

The only other way to get to the neighborhood is to walk along the busy highway that runs in front of these 3 property owners' homes. Whether we walk on the path at the rear, or at the curb to the front, we are still walking in their yards, as there is no sidewalk. We have to either walk on the path, walk by the curb or walk on the highway. Obviously, I would rather have the children using the quiet path at the back of these people's properties than walking either in the road or along the road. Do we have any right of way here, given the length of time the path has been around and the danger of the alternate route?

 

[FarmerJ]

I too grew up in a area with many so called short cuts through other peoples property , yeah they were nice to tolerate the shortcuts like the other two have. First if you have deep pockets a good choice is to use the links above , locate a Attorney to consult with about the odds of gaining a easement. The current owner Ill guess doesnt want the risk associated with strangers from the public becoming injured on this property, I dont blame them, so I wouldnt be surprised if they fenced it in. It is not like your property is situated where the lot is landlocked with out that path as means to get to it. Yeah I know it stinks to have to go around the long way but then again your also free to talk to your city council person about seeing if one neighbor else where is willing to sell to the city enough land to create a walking path to serve your dead end .

 

[MountainDew]

You have NO right to that property. Period.

If I lived on a creek and people were going through my yard along the creek, you can be sure there's be a big fence and some pretty ominous signs.

As it is my house backs up to an empty wooded lot, when I catch kids back there I go out and yell at them. Who knows what they could be doing back there. (well, I do...I'm the one that picks up the beer cans) I know they aren't helping old ladies across the street...

Also, I don't know about your state, but in mine, property that is bordered by a natural stream is usually deeded to the center of the stream.

 

[HomeGuru]

You have NO right to that property. Period.

If I lived on a creek and people were going through my yard along the creek, you can be sure there's be a big fence and some pretty ominous signs.

As it is my house backs up to an empty wooded lot, when I catch kids back there I go out and yell at them. Who knows what they could be doing back there. (well, I do...I'm the one that picks up the beer cans) I know they aren't helping old ladies across the street...

Also, I don't know about your state, but in mine, property that is bordered by a natural stream is usually deeded to the center of the stream.

**A: not so fast since after 50 years of continuous use, the public can argue that an implied or prescriptive easement has been established.

 

[MountainDew]

Yeah I know it stinks to have to go around the long way but then again your also free to talk to your city council person about seeing if one neighbor else where is willing to sell to the city enough land to create a walking path to serve your dead end .

If I buy a house in an area that's inconvenient for me to access, that's my own damn fault, end of story. The city won't care in the slightest. They will probably laugh.

Do you really think the city would actually purchase property and make a path just because one house was inconvenienced when they were told to STOP TRESPASSING? The fact is, all those years they've been using it, they were trespassing...

 

[MountainDew]

**A: not so fast since after 50 years of continuous use, the public can argue that an implied or prescriptive easement has been established.

If it's attached to your property. Some path nearby in somebody else's yard is never going to be made into an easment. Sorry, the world don't work that way...

Also, I'm guessing the "kids" and even the person posting this question, have not been using that path for 50 years. 50 years would only apply if the same person had been living in that house and using the path the entire time.

 

[HomeGuru]

If it's attached to your property. Some path nearby in somebody else's yard is never going to be made into an easment. Sorry, the world don't work that way...

Also, I'm guessing the "kids" and even the person posting this question, have not been using that path for 50 years. 50 years would only apply if the same person had been living in that house and using the path the entire time.

**A: where are you getting your information from?

 

[MountainDew]

The only other way to get to the neighborhood is to walk along the busy highway that runs in front of these 3 property owners' homes. Whether we walk on the path at the rear, or at the curb to the front, we are still walking in their yards, as there is no sidewalk. We have to either walk on the path, walk by the curb or walk on the highway.

I don't know who gave you the idea you can just trespass where ever you want to get where you're going, but you can't. If there is no adequate path between here and there then you don't go there. Or you drive. Or you call a taxi. Or you ride a bike.

Sorry, life sucks. Nobody owes you a path.

 

[MountainDew]

I'm sure the current property owner blocking the path has all the paperwork they need to prove their property continues out to the creek and maybe into the water. If they just moved in, it doesn't matter how long people have been using it, the clock just started over.

 

[154NH773]

I disagree with MountainDew.
There is ALWAYS a chance that a court would grant a prescriptive easement. I just wouldn't bet a lot of money on it.

There is one other avenue you should investigate. Most towns reserve an easement a certain number of feet in from a roadway for future sidewalks. If such an easement exists, begin using that property to access the other neighborhood. Begin by checking with the town, then the Recorder of Deeds.

 

[MountainDew]

I disagree with MountainDew.
There is ALWAYS a chance that a court would grant a prescriptive easement.

No, there isn't. Well, I guess you could say there's always a chance a unicorn will pop out of my backside...but probably not.

There is an abandoned, overgrown lot behind my house. I groom the bushes along my fence. I dump my grass outside the fence. I even store some stuff back there. If the property owner shows up one day and says get out, then that's what I'll have to do. I have no right to that land, and, even though I have PERSONALLY used it for TEN YEARS, I still have no case, and would be granted no access. (I've already looked into it)

The previous owners of the house did the same, but the clock started over when I moved in. I can't claim 20 years since I haven't lived here that long.

Yes, if the city provides sidewalk easments you may be able to walk in FRONT of those houses, and only MAYBE...but consider the creek gone.

 

[drewguy]

I'm sure the current property owner blocking the path has all the paperwork they need to prove their property continues out to the creek and maybe into the water. If they just moved in, it doesn't matter how long people have been using it, the clock just started over.

That is not accurate. The OP is not challenging that they own the property. The question is whether the long-standing use has established a prescriptive easement.

The advice to consult a lawyer is the correct one--only the OP can evaluate how much the fight is worth to him.

BTW, the lack of a sidewalk doesn't mean the property necessarily extends all the way to the curb. Many towns retain either space for a sidewalk or an easement allowing for walking use.

 

[justalayman]

No, there isn't. Well, I guess you could say there's always a chance a unicorn will pop out of my backside...but probably not.

There is an abandoned, overgrown lot behind my house. I groom the bushes along my fence. I dump my grass outside the fence. I even store some stuff back there. If the property owner shows up one day and says get out, then that's what I'll have to do. I have no right to that land, and, even though I have PERSONALLY used it for TEN YEARS, I still have no case, and would be granted no access. (I've already looked into it)

The previous owners of the house did the same, but the clock started over when I moved in. I can't claim 20 years since I haven't lived here that long.

Yes, if the city provides sidewalk easments you may be able to walk in FRONT of those houses, and only MAYBE...but consider the creek gone.

you need to do some research. I can't remember the city in California but along the ocean, there was a publicly used path that went from a road to the water crossing private beach property along the way. New owners of the private property tried to stop the use. They were promptly sued to have the courts designate the pathway as a public row.

want to guess who couldn't stop the public from using the pathway?

there is a difference between a single person claiming a prescriptive easement and the public at large claiming a prescriptive easement. If the pathway has been used by the public at large, then the time of use will go clear back to when the public first started using the walkway regardless how long any individual has used the path.

this situation in this thread is a perfect example how any user of the path could sue to establish the pathway as a public row.

So, how does it feel to have a unicorn pop out of your backside?

 

[MountainDew]

you need to do some research. I can't remember the city in California but along the ocean, there was a publicly used path that went from a road to the water crossing private beach property along the way. New owners of the private property tried to stop the use. They were promptly sued to have the courts designate the pathway as a public row.

Well, considering California is run by socialists, and you can't remember where you're talking about, and it's an entirely different state, that has little, if anything, to do with this thread, now doesn't it?

"Unicorns will pop out of my backside" when this person gets an easment along the creek. Aliens are going to land on your roof before that happens.

Additionally I suggest you quit trying to attack me everywhere you go, as you might have noticed your posts are disappearing right and left. Keep it up and see how long you last...

 

[154NH773]

Well, considering California is run by socialists, and you can't remember where you're talking about, and it's an entirely different state, that has little, if anything, to do with this thread, now doesn't it?

OK...now I see. Your advice is based on your political opinions.

dw546, I would advise that you ignore such advice, and do what others have suggested. You alone will have to decide if the fight is worth it. As I said previously, a court case of this type is a crap shoot. The courts can decide almost anything, and it will be a costly fight.

I'd first try the sidewalk easement route.